E3 Information

E3 Australian Treaty Worker in Specialty Occupation

Eligibility

Cornell will sponsor an E3 petitions for qualified individuals with Academic Positions. The E3 category available to Australian nationals in a "specialty occupation;" a position "which requires theoretical and practical application of a body of highly specialized knowledge and attainment…"

Length of Stay

The E3 category allows for entry of up to two years, at a time. The E3 is a non-immigrant visa, and the applicant must satisfy the consular officer that s/he intends to depart the US upon termination of E3 status. The E3 may be renewed in increments of two years. There is no grace period for the E3 employees. So, the individual is expected to leave the US on the last day of employment.

E3 Processing

All E3 applications, including extensions and amendments, require three steps:

  • Step 1 - ISSO must first obtain an "E3 wage" by comparing a prevailing wage determination from the Department of Labor (DOL) to the actual wage data provided by the hiring department. The hiring department must pay the higher of the two wages. At the same time, The hiring department will to post a notice of LCA filing for 10 consecutive business days at a conspicuous place.
  • Step 2 - When the E3 wage has been determined, and the 10-day posting is complete, the ISSO files a Labor Condition Application (LCA) with DOL affirming that Cornell will meet the prevailing wage and other legal requirements of the E3.
  • Step 3 - After receiving LCA certification, ISSO will notify the hiring department to pick up the certified LCA. The prospective E3 employee will make a visa appointment at a US Consulate/Embassy to obtain an E3 visa (and E3D visas for his/her dependents, if applicable).

Dependent Status

The spouse and unmarried children under 21 years of age of E3 employees may apply E3D status. The spouse of an E3 nonimmigrant may apply for an EAD (Employment Authorization Document) to work in the US.

Employment Restrictions

The E3 is specific to the employer and job/position for an individual E3 employee. E3 employment authorized for Cornell does not allow employment with another department, at another location, or for a different employer. E3 employees are not allowed to accept honoraria from outside sources.

Application Package for E3 application